Show MORE MORt CHARGES AGAINST FISH Affidavit of Great Gr at Length Filed by Harriman and Others in Illinois Central Case CaseI I HEARING NOW IN PROGRESS f f FISH PROMISES TO FILE COUN COUNTER COUNTER f TER AFFIDAVITS Chicago Dee Dec 12 lArg Arguments ment for and against the injunction obtained by b Stuyvesant Fish restraining the voting of shares of Illinois Central stock at the annual meeting of road began today In the superior coui court t before Judge Ball all The proceedings were commented commenced by bythe b bythe the presentation by the attorneys of E H Harriman of a long affidavit I signed by Mr Harriman Robert W Goelet and Charles A Peabody In the affidavit it was set forth that fir Ir Fish was not reelected president of the company because of alleged miscon misconduct misconduct duct in office and alleged misapplication tion of o the funds of the company Right Claimed Under Law LawIt It was also declared in the affidavit that under the laws of Illinois the Union Pacific Railroad company has ithe the right to vote air aU au stock Mock owned by b It ItI tat I at the annual meeting of or December 18 I Mr Harriman iman and lId the th the other makers of the affidavit deny that they caused d the defeat of as s president ht of the railroad because he refused to yield the control of the Illinois Central to the Union Pacific It is also denied that J T T Harahan snow now president of the j company is under the domination of Mr Harriman The statement which has been made that Mr Harriman and the Union Pacific Railroad company have sought to control the Illinois Cen Central Central Central is also denied It is charged In the affidavits that Mr Fish had made common cause with w th thI the Missouri Pacific one of 0 f the he strong strongest I est competitors of the Illinois Central It is declared also that he seeks to control the Illinois Central for his own personal Why They Are Against Fish The affidavits gives the following rea reasons reasons reasons sons why its makers refuse to vote for forthe forthe forthe the election of Mr Ir Fish Because in the judgment of the directors di directors directors rectors Mr Fish has In the past mis misused misused misused used and misapplied the funds of the Illinois Central He used his position as president to control the funds of the railroad com company company company pany to the injury of the railroad d Because he attempted to manage the railroad company In disregard of the authority of the board of directors It was further stated in the affidavit that thU the sole reason for electing Mr Harahan president of the Illinois Cen Central Central Central was because e of ot his efficient management man management i Denial is made by the Union Pacific Railroad company that it owns stock in other transportation companies for forthe forthe forthe the purpose of controlling them The declared that Mr Fish in ad advertising advertising advertising for proxies has falsely claimed that he was denied reelection because he insisted upon the Independence of F the Illinois Central and it is further claimed that while Mr Fish is seeking to prevent the voting of stock held by the Union Pacific Railroad company and the Railroad Securities company he has often orten voted that stock himself Counter Affidavits In a counter affidavit filed by Mr Ir Fish he admits having at sundry annual meetings voted stock of the Railroad RailroadS Securities S company under proxies from the company but says there was no objection nor any contest on any position position position tion He further stated that m fn n the affidavits of E B H Harriman Charles T Peabody John W and Cor Cornelius Cornelius Cornelius nelius Vanderbilt there are sundry mis misleading misleading misleading leading statements which he proposes proposes to contradict by subsequent affidavits Af After After After ter the reading of the affidavits the hearing on the injunction went over un until until until til tomorrow morning Mr lIr Fishs coun counsel counsel sel declared he was not prepared to pre present pre present present sent other affidavits |